The appeal is dismissed.

The grounds of appeal are examined.

A prosecutor bears the burden of proving the facts charged in a criminal trial.

In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.

Therefore, if there is no such evidence, even if there is doubt as to the Defendant’s guilt, it is inevitable to determine the Defendant’s innocence as the benefit of the Defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). The lower court reversed the first instance judgment that found the Defendant guilty on the ground that there is no proof of crime regarding the facts charged of this case, and sentenced the Defendant not guilty

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable.

The lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the public performance in the crime of defamation, contrary to what is alleged in the grounds of appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.